[HISTORY: Adopted by the City Council of
the City of Passaic 4-29-2014 by Ord. No. 1983-14. Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A. 48:17-10, 48:17-11, and
48:17-12, permission and consent is hereby granted to Verizon New
Jersey Inc., (the "company"), its successors and assigns, to install,
operate, inspect, maintain, repair, replace and remove its communications
facilities and other transmission or process equipment, including
underground facilities, such as conduits, manholes, cables, wires,
and all other facilities appurtenant thereto, and aboveground facilities,
such as cables, wires, antennas, poles, posts, supports, guys, pedestals,
cable termination and distribution cabinets and all other facilities
appurtenant thereto, in, through, upon, along, over, under, and across
all of the various public streets and ways, which include the roads,
avenues, right-of-way, sidewalks, highways, bridges, waterways, and
other public places, and parts thereof, throughout their entire length,
and to effect the necessary street openings and lateral connections
to curb poles, property lines and other facilities in the City of
Passaic (the "City") for said company's local and through lines
and other communications facilities in connection with the transaction
of its business. In the event that any public street or way where
the company has facilities is vacated by the City, the City agrees
to reserve unto said company the rights granted the company by the
present ordinance.
All poles, posts, pedestals, cabinets, or other facilities shall
be located and placed back of the curblines where shown on the official
map(s) of the City; the poles and posts, however, shall be located
within 18 inches of the face of such curbline or as may otherwise
be mutually agreed by both parties, or at the points or places now
occupied by the poles, posts, pedestals, cabinets, or other facilities
of the company, its successors and assigns, and where there are no
curblines, at other convenient points or places in, upon, along, adjacent,
or across the public streets and ways as may be mutually agreed upon
between the parties.
The company may bury its local and through communications facilities
such as cables, conduit, manholes and associated equipment, fixtures,
process equipment and appurtenances within the right-of-way of the
various public streets and ways and at such locations as shall be
mutually agreed upon by the parties for said company's local
and through lines and communications facilities. Underground conduits
and associated facilities, as aforementioned, shall be placed at least
18 inches below the surface of said public streets and ways and with
the exception of lateral branches to curb poles and property lines
and other facilities, the same shall generally not be constructed
more than 10 feet from the curbline, unless obstructions make it necessary
to deviate from such course or unless the parties mutually agree to
another location. Manholes shall be located at such points along the
line of underground conduits as may be necessary or convenient for
placing, maintaining, and operating the facilities, as aforementioned,
which the company may from time to time use in connection with its
underground conduit system and shall be so constructed as to conform
to the cross-sectional and longitudinal grade of the surface so as
not to interfere with the safety or convenience of persons or vehicles.
Before proceeding with any new construction or relocation work
in an area covered by this ordinance; the company shall give prior
notice in writing thereof to the City, through its designated representative,
of its intention to perform such work. The company shall obtain such
street opening or excavation permits as may be lawfully required by
any applicable ordinances regulating such openings or excavations.
Any such area affected by the company in constructing its facilities
shall be restored to as good condition as it was before the commencement
of work thereon. No public streets or ways shall be encumbered for
a period longer than shall be reasonable to execute the work.
The company agrees to indemnify and save harmless the City from
and against all claims and liabilities resulting from any injury or
damage to the person or property of any person, firm or corporation
caused by or arising out of road conditions resulting from any negligent
or faulty excavations, installation or maintenance connected with
the work or equipment of said company, and City attributable to the
fault or negligence of the City except that if such injury or damage
shall be caused by the joint or concurring negligence or fault of
the company and the City the same shall be borne by them to the extent
of their respective fault or negligence.
Whenever a curbline shall be established on streets where one
does not now exist or where an established curbline shall be relocated
in order to widen an existing street in conjunction with road construction
being performed by the City, the company shall change the location
of its aboveground facilities covered by this ordinance in accordance
with applicable law; so that the same shall be back of, and adjacent
to, the new curbline so long as the City has acted in accordance with
applicable law and with reasonable care in establishing the new curbline
and providing notice thereof.
Any company or corporation having legal authority to place its
facilities in the public streets and ways of the City may jointly
use the company's poles; posts, pedestals or other structures
for all lawful purposes, provided the company consents to such use,
on terms and conditions acceptable to the company and not inconsistent
with the provisions of the present ordinance.
The company shall provide space, to the extent available, on its poles so long as said poles are occupied by the company and space, to the extent available, in its main conduits existing on the date of passage of this ordinance, but not exceeding one duct of standard size, for the sole benefit of the City during the pendency of this ordinance. Such space shall be provided for the exclusive use of the City which use shall be limited to accommodating the wires or electrical conductors required for one-way signal control in connection with municipal police patrol, fire alarm signal control and traffic signal control systems only; but for no other uses or purposes, either alone or in conjunction therewith; nor for circuits for the supply of electrical energy for traffic or other signals; nor for wires, conductors, cable or the equivalent which provide a means of transmitting any signal to a private, commercial or residential location and which is normally provided by a nongovernmental supplier; provided, further, that no such use or attachment by the City shall interfere with the plant or facilities of or the use thereof by the company. All costs or expenses incurred by the company in connection therewith shall be paid by the City. It shall be the obligation of the City to attach its wires to the poles or place its electric conductors in the conduits or manholes of the company, provided that before proceeding with said work, either by itself or by a person, firm or corporation engaged to perform such work, the City shall give the company 30 days' prior notice in writing. All such work shall be performed under the supervision of said company. The City will indemnify and save harmless the company from and against all claims, liabilities or demands arising in any manner in connection with the City's wires or facilities or their installation, maintenance, operation or removal, or the City's use or enjoyment of the company's plant or facilities provided under this §
A323-8.
If any or all of said streets or ways are later taken over by
the County of Passaic or the State of New Jersey, such county or state
shall have such rights and privileges and be subject to the same terms,
conditions and limitations of use as apply herein to the City; provided,
however, that satisfactory prior arrangements as may be necessary
are made with the City and the company for the full protection of
the respective interest of each.
As used in this ordinance, the following terms shall have the
meanings indicated:
CITY
Applies to and includes any form of municipality or government
into which the City or any part thereof may at any time hereafter
be changed, annexed, or merged.
The permission and consent hereby granted shall apply to and
cover all communications facilities of the company existing at any
time, and related structures, process equipment, and appurtenances
heretofore or hereafter erected, constructed, reconstructed, removed,
located; relocated, replaced, maintained, repaired, or operated by
the company, its predecessors; successors, or assigns within the City.
This ordinance shall cancel and supersede all prior consent ordinances
between the City and the company regarding the subject matter hereof.
The company shall maintain its property within the City and
shall comply with applicable law for the provision of safe, adequate
and proper service at just and reasonable rates, and safeguard the
public interest in continuous and uninterrupted service within the
City.
In the event that any provision herein shall for any reason
be illegal or unenforceable under applicable law, such illegality
or unenforceability shall not affect any other provisions of this
ordinance, and this ordinance shall be construed as if such illegal
or unenforceable provisions had never been contained herein.
A. The company shall pay the expenses incurred for advertising required
in connection with the passage of this ordinance, after the date of
its first reading, within 30 days after the company has received a
bill for said advertising from the publisher. Following final passage
of this ordinance; the City Clerk shall provide the company with written
notice thereof by certified mail.
B. As provided by applicable law, this ordinance, and any subsequent
amendments, shall not become effective until acceptance thereof by
the company and approval thereof by the Board of Public Utilities.
This consent ordinance shall be effective for 20 years from
the effective date of this ordinance.